The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1887-11-10
EDITOR P1oSsER:-It is the incontestat

". N. ohElNEh.
EDrroR PIoNBER:-It is the ~incontestab,e
duty Of every citizen Of Of this great COM
mon wealth to devote . portion Of his time
to q study of the laws that govern the peo-
pie, until at least he possesses q general
knowledge of their rudiments.
It is more especially requisite for the far
mer who is carving out . home for himself
in this illimitable garden to become thor.
oughly versed in the municipal laws which
naturally first and most directly affect his
interests. This ignorance of these has the
effect of creating loose citizens, careless
and incompetent of6csrs-and generally
eliminates in the prodigal and illegal ex-
penditure Of the tax payers money.
In q new county like Bottincau, where
the trading points may be said to be perms-
ncntly established, every farmer ought to
make o grand effort to at least have the
leading roads permanently located where
they can be the most aivantageously knd
economically operated.
In order to contribute my mite in assisting
so laudible an enterprise, l propose to lay
before your readers q condensed abstract of
the laws made and provided and the only
laws now in force regulating the laying out,
altering or disseminating the highways Of
this Territory.
7 vvsl1 olon r,nkA onpopoa~to Aln,.no~ ~
Bierly, Booth and other we'll recognized au-
thorities a. l trust will assist til ose unac-
Tquainted with the subject to understsd its
general import.
The first problem that possibly calls for a
solution is: What constitutes q public road
as defined by law. Sect. l, 2 and 8 of sub.
2 Of chap. 1l2 Of s. l.. Of 80, fully answer
this question, via:
"All public roads and highways within
this Territory that have been open and in
use and included in q road district in .
Town in which the same is respectively sit
uated for q period If 20 years previous to
the date that this act came in force, is here
by declared . public road, confirmed and
established as such whether the same was
originally lawfully laid out or not .
':2nd. Every road laid out by the proper
authorities as provided for in this chapter,
from which no appeal has been taken as
provided for by this law Is hereby declared
q public road and every person who has re-
fused or neglected to take such appeal with
in the time limited in this act, is forever
debarred from any further redress"
=. "3rd. In all Townships in this Territory
where no public roads are laid out or which
have not been organised, the congressional
section lines shall be considered public
roads to be opened to the width of 2 rods on
each side Of line, by Town Board of Super
visors without any survey except where
it may be necessary :on accout of natural
obstacles and subject to all the provisions
made in this act with regard to damages"
Note the language Of this clause is rather
incomprehensive, but it is generally pre-
sumed that it simply authorizes the section
lines in a new county to be used for public
or accommodation roads until the Towns
can be organized and the roads regularly
and lawfully laid out by proper authority,
so long as no damage is done to personal
property.
1t is believed by some of our county Off
cials that oil section lines in Dakota are
public roads, laid out by the legislature Of
the Territory, subject to prospective dam
ages whore the land passed, in due course
Of time, in to the hands Of the settler. This
act would be in conflict with r. s. q. S.,
500. 1851. 1.-The legislative power of any
Territory can only go so far as is consistent
with the laws of U. s. and no law shall be
passed interfering with the primary dispos
81 Of the soil"
Sect. 1925 restricts the legislative power
from impairing the rights Of private pro-
erty. Sec. 228s. clearly defines all the in
stitutions the settler is obliged to give up
land for, VIZ: church, cemetery, school pur-
poses and right of way, in short there Is no
law in existence I can find to prevent .
settler from using section lines in this
county for his exclusive private use and
benefit, until the name is laid out as a
public road by county or town boards as
provided by Law. AL bridges kept up and
maintained by the taxpayers on public
roads are Q part of the said highway, Sec,
II, Chap.59, SIS. -. The public highways
Of this territory are divided into and,
known and described under 6 difernt sub
divisions or names. viz: Territorial roads,
county roads, own roads, including reads
in incorporated villages and cities, town
line roads, cartways and private roads,
which though tho name implies different,
is to all intents . public road. As 10 how
the law directs these roads 70 be located
changed Or yacatod will form tho substance
OF my next weeks letter TO Farmers col
umns Of your valuable paper.
Bottincan, Very Respectfully,
Nov. 1th, 1887 FARMER.
JAS. McRAE,
-rroorietor-